Tampa Divorce Lawyer Seeing Rise In Domestic Violence Injunction Abuse
Domestic violence injunctions, better known as restraining orders, enable domestic abuse sufferers to earn back control and prevent further abuse from their current or former domestic partners. Unfortunately, this remedy is being increasingly used in less than proper ways in Florida and elsewhere, according to leading Tampa Divorce lawyer Christian Denmon.
A domestic violence injunction is a powerful civil remedy that assures the safety of the filing party and potential jail time and other penalties for the violating recipient of the injunction. An injunction would cover prohibition of contact with the petitioner, his or her car and place of residence. Such an order will effectively limit the movements and communications options of the other party.
Denmon notes that the order has been met with abuse, increasingly so in the past few years. He bases this view on his first-hand experience as the founding partner of Denmon & Denmon Trial Lawyers, a full-service law firm in the Tampa Bay area. He narrates how many clients approach his offices to ask for help against unfairly granted restraining orders. Often, injunctions are abused to spite the other party and gain unfair leverage in pending or future family law issues such as child custody and child support.
He also explains a common mistake made by those enjoined with an injunction. He cites instances when the recipient of the injunction chooses to explain his or her case to the judge directly, causing disastrous results. Denmon believes that it is important to hand over this responsibility to a family lawyer, somebody who isnít emotionally invested to the situation. Representing and facing the judge by oneself with all the attendant emotions involved may only cause the judge to decide on the side of caution and uphold the injunction, or worse, upgrade it to a permanent one.
Given the increasing incidence of abuse, it is best to approach the situation with as much legal ammunition as possible. While there is no guarantee of reversal, those unduly given an injunction are best served with a lawyer to articulate and defend their case.
Denmon & Denmon Trial Lawyers is a full-service criminal defense, divorce/family law and personal injury law firm founded by Christian and Nicole Denmon. Their family attorneys are available for free intial consultations at two locations. Contact them at 813-554-3232 for Hillsborough (918 West Kennedy Tampa, FL 33606) and 727-753-0049 for Pasco and Pinellas (5703 Main St. New Port Richey, FL 34653).
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